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Section 126 of Electricity Act empowers AO to carry out provisional assessment & pass appropriate order

May 1, 2022 26367 Views 0 comment Print

Vridhi Iron Steels Vs Assam Power Distribution Company Limited (Guwahati High Court) Facts- The brief facts of the case is that the petitioner is a consumer of electricity having authorized connected load of 1105KW = 1300KVA and contracted demand of 1001 KVA. On 9/10/2018, a technical inspection of the petitioner’s electrical installation was undertaken and […]

Printing Press activity is a manufacturing process under ‘ESI Act’

May 1, 2022 2193 Views 0 comment Print

U.P. Cooperative Federation Ltd. Vs Emoployees State Insurance Corporation (Allahabad High Court) In the present case, the demand was raised for an amount of Rs.33,846/- for the employer’s contribution for the employees working in the account section of PCF Press for the period January 1981 to September 1986 and from January 1988 to May 1989. […]

Limitation period would be 3 years from tax date of receipt of tax that has been retained by Revenue

May 1, 2022 5844 Views 0 comment Print

State of Tamil Nadu Vs Everest Industries Limited (Madras High Court) It is useful to refer to the Judgment of the Apex Court in A. Venkata Subbarao v. State of A.P., (1965) 2 SCR 577 : AIR 1965 SC 1773 while dealing with the claims relating to tax that was illegally retained. In the above […]

TVAT: Appellate/Revisional authority not justified in out-rightly rejecting stay application

May 1, 2022 1107 Views 0 comment Print

We are of the view that both the appellate authority as well as the revisional authority were not justified in out-rightly rejecting the prayer for stay of the petitioner. Power to entertain prayer for stay is incidental and ancillary to the power to hear appeal and revision.

Retrospective amendment of policy cannot take away vested rights of exporters

May 1, 2022 6075 Views 0 comment Print

In the context of Export Import Policy 2002-07 it was held that the policy could not have been retrospectively amended by the Government without there being any express power in this regard and that in any case the retrospective amendment of policy cannot take away vested rights of the exporters.

HC refuses bail to Person allegedly involved in availment of Fraudulent ITC

May 1, 2022 1257 Views 0 comment Print

Facts of the case, in brief, are that the appellants created several fictitious and physically non-existent trading company firms in Chhattisgarh, Jharkhand, Madhya Pradesh, West Bengal and Maharashtra, got them registered in GSTN portal online using identity credential of several persons using forged PAN and issued fake bills to transmit fake Income Tax Credit (ITC) to several other traders.

Section 138 of NI Act- Accused May Examine Complainant as A Witness to Disprove His Case

May 1, 2022 63042 Views 0 comment Print

S.M.D.Mohamed Abdul Khader Vs Muniswari (Madras High Court) The Honourable Supreme Court of India held that when the accused had taken specific stand that the complainant had no source of income to lend such a huge sum, the accused can very well prove the same by cross-examination, witnesses and materials. In this regard, the Honourable […]

Section 14 of Arbitration Act not Confers Power on Court to Expunge Any Part of order of Arbitral Tribunal

May 1, 2022 3768 Views 0 comment Print

Mr Bhavanishankar H Sharma Vs SRS Private Investment Powai Limited (Delhi High Court) Section 14 of the Arbitration Act based lays down conditions under which the mandate of the Arbitral Tribunal may be terminated. The petition does not satisfy any of the requirements of the conditions contained in Section 14 of the Arbitration Act. Petitioner […]

HC upheld removal of CA member for other misconduct

May 1, 2022 1482 Views 0 comment Print

Institute of Chartered Accountant of India Vs Shri. P.P. jay (Karnataka High Court) ICAI submitted that the report of the Institute be accepted as the respondent has been found to be guilty of grave misconduct and the penalty has been imposed on the respondent commensurate to the misconduct, which has been proved. None has appeared […]

Rule 17 – Order VI CPC – Clerical Mistake in Verification of Pleadings can be Rectified

May 1, 2022 13380 Views 0 comment Print

Rohit Surfactants Private Limited Vs Kanodia Salt Company Ltd (Allahabad High Court) In Regu Mahesh (Supra), the Court while dealing with compliance of Rule 15 (2) of Order VI relying upon its earlier judgment in case of A. Sapa Vs. Singora, 1991 (3) SCC 375, held that defect in verification or an affidavit is curable. […]

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